UNION OF INDIA Vs. BIRO DEVI

JUDGEMENT

(1.) BIRO Devi respondent, the widow of late Ex -sepoy Bhag Singh filed a writ petition in this Court in the year 2001 seeking quashing of Officer - In -Charge Raksha Surakasha Corps Abilekhi Defence Security Corps Records Mill Road Cannanores Order No. PEN/FP -13719809/166 dated 1st of May, 1996 rejecting her husbands claim for disability pension and seeking a writ of mandamus commanding the respondents to pay the disability pension/family pension, gratuity and other funds to her as admissible under rules.

(2.) THE writ court, after considering the case of the respondent and defence projected by the appellants, allowed the petition holding the disability suffered by the husband of the respondent to be on account of stress and strain of army service and the respondent entitled to family pension restricting her claim only to a period of three years prior to the date of filing of the writ petition. A direction was issued by the writ court to release family pension in favour of the respondent in terms of the rules.

(3.) THE appellants, did not prefer appeal against the judgment of the writ court within the statutory period of limitation prescribed for filing such appeals i.e. 60 days from the date of the judgment. They on the other hand, appear to have involved themselves in correspondence emanating from their counsel, OIC Legal Cell and other functionaries of Union of India, little caring about the limitation prescribed under the Jammu and Kashmir High Court Rules for filing appeals against the judgment. It was after a lapse of about 122 days that the appellants filed appeal in this court along with CDLSW No.177/06 seeking condonation of delay in filing the appeal. The appellants say that being a Government of India case, its officials were involved in going through the procedural formalities and in this process, the filing of the appeal was delayed.